ENFORCE21329

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 3/14/2001
• Doc Name: POWDERHORN COAL CO REQUEST FOR TEMPORARY RELIEF & STAY OF ENFORCEMENT FROM NOV CV-2000-010
• From: SNELL & WILMER
• To: MLRB
• Violation No.: CV2000010
• Media Type: D
• Archive: No

Snell &Wilmer
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1200 Sevrnteenrh Street, Suite 1950
Tabor Center
Denver, Colorado 80202
(303) ii34-2000
Fax: [phone]
Roberc D. Comer [phone]
Internee ¢ome~swlaw.com
RECEIVED
MAR 1 4 2001
Division at Minerals and Geology
March 14, 2001
To: Mined Land Reclamation Board
1313 Sherman Street, Suite 215
Denver, CO 80203
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Powderhom Coal Company
REQUEST FOR TEMPORARY RELIEF and STAY OF ENFORCEMENT
From Notice of Violation No. CV-2000-010
Comes Now, Powderhom Coal Company ("Powderhom"), by and through its attorneys,
Snell & Wilmer, LLP, and requests the Mined Land Reclamation Board (the "Board") to grant it
Temporary Relief and a Stay from further enforcement of Notice of Violation No. CV-2000-010
in accordance with C.R.S. §34-33-124. Powderhom requests this Relief and Stay from the date
of the NOV until such reasonable time after final judicial resolution such that compliance with
any court order can be achieved, recognizing the potential requirement for approval by the
Bankruptcy Court. Powderhom further requests that this temporary relief be expeditiously
granted by the Board.
The Boazd may grant temporary relief, provided there is an informal hearing in the
locality, a substantial likelihood of a favorable Ending on behalf of Powderhom, and such relief
will not adversely affect public health or safety or cause significant imminent harm to resources
or the environment. The grant of a stay of further enforcement action is in the sound discretion
of the Boazd.
In support thereof, Powderhom makes the following factual recitations:
1. Quaker Coal Co. acquired the Powderhom Mines in 1997.
2. Powderhom is a debtor in possession, whose case is administered with that of its parent
Quaker Coal Company.
3. Powderhom has operated the mines in full compliance with its permit and the rules and
regulations of the Boazd.
4. In a letter dated December 13, 1999, the Division of Minerals and Geology ("DMG") was
informed that mining had ceased at the Powderhom Mines.
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